AUSTIN, Texas — Texas Attorney General Ken Paxton is suing several Texas cities over their marijuana policies.
Austin, Denton, Elgin, Killeen and San Marcos have all decriminalized possession of small amounts of marijuana. However, Paxton said their amnesty and non-prosecution policies violate Texas laws.
"I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities," Paxton said in a statement. "It's quite simple: the legislature passes every law after a full debate on the issues, and we don't allow cities the ability to create anarchy by picking and choosing the laws they enforce."
Recreational use of marijuana remains illegal in Texas, but certain cities have held votes on whether to decriminalize the drug or not. In 2022, Austin voted to pass a proposition decriminalizing marijuana along with banning no-knock warrants. A total of 85% of voters cast their ballots in favor of the proposition.
The measure did not legalize marijuana use in Austin but forbid officers from ticketing and arresting people on low-level marijuana offenses like possessing small amounts of weed or related paraphernalia unless it was tied to a more severe crime.
About 82% of voters in San Marcos were in favor of a similar proposition, along with almost 75% of voters in Elgin.
KVUE reached out to cities in the area affected by the lawsuit. The City of San Marcos said it has no comment, and the City of Austin sent the following statement:
"We are aware of the lawsuit challenging Austin’s policies related to low-level possession of marijuana. This 2024 lawsuit is related to a 2022 voter-approved initiative petition."
The City of Elgin said it has yet to be served and doesn't have a comment on the pending litigation. The City did say, however, that despite voters passing a decriminalization proposition in 2022, the city council has not taken action to support the ordinance.
"The City of Elgin and the Elgin police department are enforcing stage law," the City said in its statement. "Elgin Police Chief presented an update on police enforcement at the January 9, 2024 City Council meeting. From November 8, 2021 to November 8, 2022, out of 943 reports, 1 case was possession of marijuana. Out of 322 arrests, zero were solely for possession of marijuana. From November 8, 2022 to November 8, 2023, out of 1,138 reports, 3 cases were marijuana possession. Out of 477 arrests, 2 were solely for possession of marijuana."